Government Departments who ignore law

A Minister who can not get authorities to uphold legislation that they are specifically written in - should be sacked. Australians are being unfairly mislead about Jean Maddens fale patent claims. Why no Government action?

Where is Australian intellectual property enforcement?

If you have a patent - don't rely on the AFP or the Minister in this legislation to enforce the Patents Act 1990.

Except in Australia - all countries around the world take Intellectual Property law very seriously.

What this website shows - is that Australian patent legislation enforcement is a joke.

The two ultimate powers to enforce any criminal breaches of the Patent Act in Australia are:

• Australian Federal Police

• Australian Federal Minister for Industry Ian Macfarlane MP

BOTH do nothing - too busy claiming "competing operation priorities" or "Separation of Powers".

Australian Federal Police

- Federal Agent Mark Silvertand (phone 07 3222 1222)

Letter dated 3rd October 2014. Mark Silvertand wrote

"It was the decision of the Committee that due to competing operation priorities within this office the AFP has committed its' resources to matters with a higher priority. As such, the AFP will not take any further action in relation to this matter."

This means, the AFP are too busy to investigate. Too busy.

Minister for Industry Ian Macfarlane (phone 02 6277 7070)

The ultimate power to enforce the Patent Act is the Australian Minister for Industry - the Hon Ian Macfarlane MP (click here). Despite the Minister actually written in legislation (see below) receiving extensive evidence in July 2014 - the Minister refuses to pass it to authorities to act. Instead he claims 'Separation of Powers'. The Minister knows the AFP are too busy to investigate. Yet despite clear evidence of breaches - the Minister still refuses to request the AFP to investigate. Welcome to Australia - where telling the ultimate power is useless. It is very difficult to speculate - but perhaps there is a link between Street Swags manufactured in Australian prisons and the years of in-action to enforce legislation by the Australian and State Governments.

Call for Minister Ian Macfarlane's immediate resignation.

Extract from Patent Act 1990 -----------------------------------------

(1) A person must not falsely represent that he or she, or another person, is the patentee of an invention.

Penalty: $6,000.

(1A) A person must not falsely represent that he or she, or another person, is the patentee of an innovation patent that has been certified.

Penalty: 60 penalty units.

(2) A person must not falsely represent that an article sold by him or her is patented in Australia, or is the subject of an application for a patent in Australia.

Penalty: $6,000.

(3) Without limiting subsection (2):

(a) a person is to be taken to represent that an article is patented in Australia if the word “patent” or “patented”, the words “provisional patent”, or any other word or words implying that a patent for the article has been obtained in Australia, are stamped, engraved or impressed on, or otherwise applied to, the article; and

(b) a person is to be taken to represent that an article is the subject of an application for a patent in Australia if the words “patent applied for” or “patent pending”, or any other word or words implying that an application for a patent for the article has been made in Australia, are stamped, engraved or impressed on, or otherwise applied to, the article.

(4) A prosecution must not be started for an offence against subsection (1) or (2) without the consent of the Minister, or a person authorised by the Minister.

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Prime Minister Tony Abbott said 31st October 2014

(interview ABC TV).

"The rule of law. Must rule everywhere."

I guess both Minister Ian Macfarlane and the Australian Federal Police didn't get the memo.

Legal Team Assistance

This page highlights again - how much evidence is available for any legal team wishing to make a claim.

Uploading soon - more names and evidence from:

• Federal Government departments including the ACCC and ACNC.

• State Government names and evidence

Government Officials Lazy at Australia's expense

Lazy